Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volume I

A must-have reference source for every multinational company and for attorneys advising or representing their employees, or former employees dealing with cross-border trade secret issues or restrictive covenants in employment agreements in Europe. Drafting and negotiating restrictive covenants or litigating covenants and trade secrets issues at the international level is no simple task. As the global economy continues to expand, it is becoming increasingly challenging for attorneys in the U.S. and in other jurisdictions representing employers to ensure such provisions are enforceable worldwide, and for those representing employees to ensure that their clients are able to retain their mobility in the event of a change in circumstances. Enforcement on the employer side is particularly difficult in foreign jurisdictions where courts disfavor post-employment restrictions in general, where such restrictions may supersede a U.S. court s decision on the merits, or where statutory or regulatory limits exist on allowable mechanisms. More commonly, a foreign court may set aside U.S. choice of law and jurisdictional provisions contained in an agreement because those provisions violate or run counter to its own legal requirements. In the end, thinking globally about these provisions while being attentive to local rules and customs is essential to attorneys involved in this work. Now there is a treatise that provides detailed comprehensive assistance for the drafting, negotiating, and litigating process, with information provided by attorneys in key countries around the world: Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volume I. Volume I explores the differences between the U.S. and European countries in regulating noncompetition and nonsolicitation provisions and in imposing restrictions related to confidential information and trade secrets, as well as use of garden leave and restrictions on equity compensation in this area. The authors also offer key insights on strategies and tactics that are essential to dealing effectively with these issues. This survey also identifies and analyzes the privacy concerns that arise when employers try to restrict their employees disclosures, conduct investigations concerning possible violations, or monitor compliance. And it discusses the typical procedural questions that arise, such as use of temporary restraining orders and injunctions. Each country-specific chapter is written by highly-regarded local lawyers.